BANK OF BARODA v. M/S UNIQUE INTERTRADE PRIVATE LIMITED
SCA/7135/2025 · 2025-09-23
J L Odedra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3816 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3816 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/7135/2025 ORDER DATED: 23/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7135 of 2025 With CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 7135 of 2025 ========================================================== BANK OF BARODA Versus M/S UNIQUE INTERTRADE PRIVATE LIMITED & ORS. ========================================================== Appearance:
MAULIK G NANAVATI, NANAVATI & CO.(7105) for the Petitioner(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 9 MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 1,2,3,4,5,6,7,8 NOTICE SERVED for the Respondent(s) No. 9 NOTICE UNSERVED for the Respondent(s) No. 10 ========================================================== CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 23/09/2025 ORAL ORDER
1. By way of this petition, the present petitioner, under Articles 226 and 227 of the Constitution of India, has prayed for the following reliefs:-
“6. The petitioner, therefore, most respectfully prayed that the Hon’ble Court may be pleased: (a) Issue a writ of certiorari or a writ, order or direction in the nature of writ of certiorari quashing and setting aside the order dated 24.04.2025 passed by Debt Recovery Appellate Tribunal, Mumbai (Setting at Chennai) in Interlocutory Application No.244 of 2025 (WoD) in Miscellaneous Appeal Diary No.613 of2025 as being illegal and erroneous; (Annex.P-1) (b) To pass an ex parte ad interim order staying the operation, implementation and execution of the order dated 24.04.2025 passed by the Debt Recovery Appellate Tribunal, Mumbai (Sitting at Chennai) in
C/SCA/7135/2025 ORDER DATED: 23/09/2025 Interlocutory Application No.244 of 2025 (WoD) in Miscellaneous Appeal Diary No.613 of 2025; (Annex- P-1)”
2. During the pendency of the petition, learned advocate for the petitioner having tendered the order dated 28.08.2025 passed by the Debts Recovery Appellate Tribunal, Mumbai in
I.A
No.288/2025
(Extn. of
time)
in I.A.No.244/2025(WOD) in Misc. Appeal Dy.No.613/2025, the same has been taken on record. 3. On perusal of the same, it seems that the learned advocate for the petitioner had challenged an interim order dated
24.04.2025. However, Debts Recovery Appellate Tribunal, Mumbai vide its order dated 28.08.2025 in IA No.288/2025 (Extn. Of time) in IA NO.244/2025(WOD) in Misc.Appeal Dy.No.613/2025, was pleased to dismiss I.A.No.288/2025 owing to non-compliance of conditional order of the Tribunal
dated
24.04.2025. Consequently,
the I.A.No.244/2025 (WOD) too was dismissed resulting in rejection of Misc. Appeal Dy No.613/2025, itself. 4. Needless to say, the present proceedings have become infructuous and are liable to be disposed of as such.
Accordingly, keeping the legal questions arising in the present proceedings open, i.e. to be decided in other appropriate proceedings, the matter stands disposed of as infructuous. Consequently, connected Civil Application also stands disposed of, accordingly. (J. L. ODEDRA, J) SUDHIR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SUDHIR ACHUTHAN EZHUTHASSAN(HC00192), GOV, at High Court of Gujarat on 23/09/2025 17:23:30